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2011 North Dakota Attorney General Reports and Opinions 1 (2011)

handle is hein.sag/sagnd0041 and id is 1 raw text is: OPEN RECORDS AND MEETINGS OPINION 2011-0-01 DATE ISSUED: January 4, 2011 ISSUED TO: Bowdon City Council CITIZEN'S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Lyle Stewart asking whether Bowdon City Council violated N.D.C.C. § 44-04-19 by meeting and conducting public business before scheduled meetings and whether the City Council violated N.D.C.C. § 44-04-20 by holding meetings without providing public notice. FACTS PRESENTED The Bowdon City Council (Council) meets monthly on the first Monday of the month at the community center. The meetings are scheduled to begin at 7 p.m. in the winter months and 8 p.m. in the summer months. Notices of the meetings are not usually posted but the minutes are published in the Harvey Press after each meeting and they include the date and time of the next scheduled meeting. On June 7, 2010, a regular meeting of the Council was scheduled for 8 p.m. Before the meeting, the mayor, city auditor, a representative from Kadrmas, Lee, and Jackson (KLJ) and a representative from the United States Department of Agriculture (USDA) met to review a letter of conditions for a USDA grant. On June 22, 2010, a special meeting was scheduled for 8 p.m. The Council' met in private before the meeting and discussed raising the water and sewer rates. During that time, the Council passed a motion to increase the water and sewer rates. The Council then met publicly at the 8 p.m. meeting.2 On July 29, 2010, the Council posted a notice announcing that there would be no regular Council meeting in August. At the same time the Council posted a notice stating One Council member was absent. 2 Letter from requester dated August 31, 2010, referenced a July 22, 2010, meeting, however, after discussion with him, the correct meeting date in question was the June 22, 2010 meeting.

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